(1) If you change someone else’s logo, whether it will cause infringement depends on the situation.
(2) Changing someone else’s logo does not necessarily infringe, but if the two logos The degree of similarity is enough to cause confusion among the public, and the perpetrator also uses the modified logo to promote products and make commercial profits, then it is definitely an infringement.
(3) It will infringe the rights of the owner of the original logo, and you need to bear certain legal liability
How much similarity in logo counts as infringement?
(1) If the similarity of a trademark exceeds 80%, it is considered infringement.
(2) The similarity of trademarks mainly depends on whether it is likely to cause confusion among the relevant public. If the trademark is so similar that it confuses the relevant public, it will be considered an infringement.
(3) According to the definition of relevant laws, trademark infringement refers to the use of an identical or similar trademark to the registered trademark on the same or similar goods without the permission of the trademark owner.
Article 52 of the "Trademark Law of the People's Republic of China" commits any of the following acts, it shall be an infringement of the exclusive right to use a registered trademark: (1) Without the permission of the trademark registrant, Using a trademark that is the same as or similar to its registered trademark on the same kind of goods or similar goods; (2) selling goods that infringe the exclusive rights of registered trademarks; (3) forging or making without authorization the registered trademark logo of others or selling forged or making without authorization. trademark logo; (4) changing the registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark back into the market; (5) causing other damage to the exclusive right to use the registered trademark of others.
Remarks: In summary, as mentioned in the above question, whether changing someone else’s logo counts as infringement depends on the situation. Generally, it is not for profit purposes. It is recommended that everyone should have their own brand concept when making a logo. , to avoid plagiarism.
Legal basis: If the original logo has been registered, then according to Article 57 of the Trademark Law, the use of the same trademark on the same product without the permission of the trademark registrant is prohibited. trademark, it is an infringement of the exclusive right to register a trademark. If an actor infringes upon the exclusive right to use a registered trademark and causes a dispute, it can be resolved through negotiation between the parties; if the party is unwilling to negotiate or the negotiation fails, the trademark registrant or interested party can file a lawsuit in the People's Court or request the industrial and commercial administrative department to handle it. . If the logo has not been registered, then according to Article 52 of the Trademark Law, if an unregistered trademark is used as a registered trademark, or if the use of an unregistered trademark violates the provisions of Article 10 of this Law, the local industrial and commercial administration department shall It shall be stopped, corrected within a time limit, and may be notified. If the illegal business volume exceeds 50,000 yuan, a fine of not more than 20% of the illegal business volume may be imposed. If there is no illegal business volume or the illegal business volume is less than 50,000 yuan, a fine of not more than 20% of the illegal business volume may be imposed. A fine of not more than 10,000 yuan.